Wardatun, Atun (2007) Kompilasi hukum islam: dari menuju dominasi fiqh menuju dominasi hukum. Istinbath: Jurnal Hukum dan Ekonomi Islam, 5 (1). pp. 1-24. ISSN 1829-6505

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Abstract

ENGLISH The existence of the compilation of Islamic law(KHI) in Indonesia has been loaded with pros and cons. There are two issues, at least, are discussed along with the emergence of KHI as a guide book of Islamic Jurists in Indonesian Religious Court. First, the question as to whether KHI is a constitution and as a consequence binds the Islamic jurists' decisions. Second, the disagreement between two groups who support the formalization of Islamic law in Indonesia on one side and who disagree with such policy in the context of the plurality of Indonesia. Besides, the emergence of KHI has been coloring the development of Islamic law in Indonesian legal system. Substantively, KHI's formulation shows the dynamic of Islamic Law thought (ligh) which fit in to cultural and religious setting in Indonesia. Formally, KHI has pulled out fiqh from personal interpretation toward a mode of thought which legally legitimated (at least factually) as a basis for Islamic Jurists' decision al religious court. KHI has contributed to creating legal certainty by treating like cases alike. Therefore, based on the type of legal system and the legitimation from Weberian theory, KHI has transformed islamic jurists' decision form figh -domination oriented toward legal- domination oriented.

Item Type:	Article
Subjects:	18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law > 18012899 Islamic Family Law not elsewhere classified
Divisions:	Program Pascasarjana > Program Studi Magister Hukum Islam
Depositing User:	mrs Nuraeni S.IPi
Date Deposited:	15 Jan 2024 08:03
Last Modified:	15 Jan 2024 08:03
URI:	http://repository.uinmataram.ac.id/id/eprint/3550

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